GENERAL TERMS OF USE OF THE WEBSITE

In compliance with the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the general information of this Website is provided: Responsible: Juan Porro Flores (hereinafter, "ServersGame") with Contact email: [email protected]

Website Users

Access to the Website grants the condition of user, fully accepting without reservation, from that very moment, the present general conditions. The use of certain services offered on this Website will also be governed by the specific conditions provided in each case, which will be understood as accepted by the mere use of said services.

Domain Registration

Our registrar agent is Soluciones Corporativas IP, SL, an ICANN-accredited registrar agent. It manages domain registration and data updates. More information about ICANN registrars can be found at Educational Resources and Benefits. Check the WHOIS at ICANN WHOIS.

• By registering or transferring a domain on ServersGame.es, you confirm that the registered agent will be the company SCIP.
• By registering or transferring a domain on ServersGame.es, you confirm that you are aware of the ICANN whois tool.
• By registering or transferring a domain on ServersGame.es, you confirm that you are aware of the ICANN training materials.
• By registering or transferring a domain on ServersGame.es, you confirm that you are aware of the ICANN exposed benefits.
• By registering or transferring a domain on ServersGame.es, you confirm that you have read and accept the ICANN terms and conditions.

Grafana on Rust Servers

To receive support, you must have properly configured (Grafana harmony mods), and the client is responsible for ensuring it is not uninstalled. If it is uninstalled, no support will be provided.

Traffic Policy (Fair Use)

All our services include unlimited traffic, meaning that users can enjoy unrestricted bandwidth usage as long as it remains within what we consider fair use. We reserve the right to limit server speeds if we detect data consumption that exceeds these fair use limits to ensure optimal service for all our customers.

Servers are provided with a dedicated uplink of 1 or 10 GBit by default, with traffic intended for FAIR use. If usage exceeds what ServersGame considers FAIR use, speed limits will be applied on VPS, or more bandwidth can be purchased at a rate of €4 per extra TB consumed.

Below is a table detailing the fair use limits and the speed limits or extra traffic costs that will apply once the limit is exceeded, ensuring transparency and mutual understanding regarding the use of our services.

Server Name	Monthly Traffic Limit	Price of extra TB
VPS	5 TB	€4 per extra TB
VPS Adm	5 TB	€4 per extra TB
Dedicated	10 TB	€4 per extra TB
Housing	10 TB per 1U	€4 per extra TB
Gre Bgp	30TB	€4 per extra TB
Game servers	10 TB	€4 per extra TB
VPN	1 TB	€4 per extra TB
WEB	2 TB	Service suspension

ServersGame reserves the right to limit network traffic or impose an additional cost of €4 plus VAT for each terabyte that exceeds the limit set in the customer’s service plan. This extra charge will be applied on a bill generated after a review conducted at the beginning of each month.

Authorization

Users are authorized to view, print, and partially download the content of the Website only and exclusively if the following conditions are met:

1. It is compatible with the purposes of the Website.
2. It is done solely for the purpose of obtaining the information contained for personal and private use. Its use for commercial purposes or distribution, public communication, transformation, or decompilation is expressly prohibited.
3. No graphic, icon, or image available on the Website may be used, copied, or distributed separately from the rest of the accompanying images.

Liability

Of ServersGame:

• It will not be responsible, in addition to the responsibilities indicated in clause four of these general conditions of use of the portal, directly or indirectly for:
  • The quality of the service, access speed, proper operation, or availability and continuity of the portal’s operation.
  • Damage to user equipment caused by the use of the portal.
  • The violation of the law, morality, and generally accepted good customs or public order as a result of the transmission, dissemination, storage, provision, receipt, obtaining, or access to content.
  • Defects or flaws of all kinds in the content transmitted, disseminated, stored, or made available.
  • ServersGame is not the owner of the domains or websites found in the database.
  • ServersGame does not guarantee that the domain can be used by the client, nor that it can be transferred without violating the rights of third parties.
  • The inability to guarantee that service availability will be continuous and uninterrupted throughout the contract period due to Internet network problems, server equipment failures, and other unforeseeable contingencies.
  • The client accepts the risks and imperfections or unavailability of the servers within reasonable limits, as the programs used are technically complex and may not have been tested in all possible usage scenarios.
  • The client expressly waives the right to claim any contractual or non-contractual liability, damages, or losses against ServersGame for possible failures, slowness, or errors in accessing and using the contracted server.
• Although ServersGame makes backup copies of the server's content, it is not responsible for accidental data loss or deletion. It also does not guarantee full recovery of these data due to possible changes between the last backup and the deletion.

Of the client:

• The client will be responsible for:
  • The contents entered by them, especially the data and information entered into the form.
  • Carrying out any type of illegal, harmful, or detrimental action.
  • Not entering domain names or websites already in the database, whose name or content violates current laws.
  • Keeping the email address provided in the contracting form active, operational, and updated for communications with ServersGame, as it constitutes the preferred means of communication for agile and smooth management of the requested service.

ServersGame will not be responsible for the use that users may make of the Website or its content, nor for any damages that may arise from it.

Website Operation and Availability

ServersGame reserves the right to make, at any time and without prior notice, modifications and updates to the information contained on the Website, its configuration and presentation, and the conditions of access.

ServersGame is not responsible for any security errors that may occur, or for any damage that may be caused to the user's computer system (hardware and software), or to the files or documents stored therein, as a result of:

1. The presence of a virus on the user's computer that is used to connect to the services and content of the Website;
2. A malfunction of the browser;
3. The use of outdated versions.

ServersGame does not guarantee the absence of viruses or other elements on the Website introduced by third parties unrelated to ServersGame that may cause alterations to the physical or logical systems of users or the electronic documents and files stored on their systems. Consequently, ServersGame will not be responsible for any damages that may result from the presence of such viruses or elements.

ServersGame uses various security measures to protect its Website against third-party attacks. However, ServersGame cannot guarantee that unauthorized third parties will not access the type of use the user makes of the Website or the conditions, characteristics, and circumstances under which such use is made. Consequently, ServersGame will not be responsible for any damages that may arise from such unauthorized access.

ServersGame does not guarantee the absence of interruptions or errors in access to the Website or its content, nor that it is up-to-date. ServersGame will carry out, whenever possible and as soon as it becomes aware of errors, disconnections, or lack of updating in the content, all necessary tasks to correct the errors, restore communication, and update the content.

ServersGame reserves the right to interrupt access to its Website or any of its content at any time and without prior notice.

Content and Service Quality

ServersGame assumes no responsibility for the content linked to on the Website, provided that such content is unrelated to ServersGame. In the case that any user, client, or third party considers that the content or services provided by the linked pages are illegal or harm the user, client, or third party’s rights that are susceptible to indemnity, especially if they:

1. Are activities or content that may be considered criminal under Spanish criminal law.
2. Are activities or content that violate intellectual or industrial property rights.
3. Are activities or content that threaten public order, criminal investigation, public security, and national defense.
4. Are activities or content that endanger public health, respect for human dignity, the principle of non-discrimination, and the protection of health and childhood.

It may be reported to ServersGame, however, receiving such communication does not imply acknowledgment of liability under Article 17 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce.

ServersGame is not responsible for the lack of usefulness or adequacy of this Website for a specific use. It is also not responsible for any damages that the user may suffer due to the lack of truthfulness, accuracy, completeness, relevance, as well as for errors or omissions in the content of this Website, although it commits to periodically verifying and monitoring its contents and information.

Any third-party links to the Website must be to its main page, and deep links, framing, and any other exploitation of the content of the Website in favor of unauthorized third parties are expressly prohibited.

Through this Website, the user may access third-party websites. The presence of such links is merely informative and does not constitute, in any case, an invitation to contract products or services offered on the destination website. The user will access the content under their sole responsibility and according to the terms of use that govern them. ServersGame will not be directly or indirectly responsible for any damages caused by accessing such links.

If ServersGame becomes aware that the information or activity referred to through such links is illegal or constitutes a crime or may harm third-party rights that are susceptible to compensation, it will act diligently to delete or disable the corresponding link as soon as possible.

Intellectual and Industrial Property

ServersGame does not necessarily own the texts, images, logos, distinctive signs, sounds, animations, videos, source code, navigation structure, databases, and other software elements of this website, nor the related intellectual and industrial property rights.

Access to this website does not grant the user any rights or ownership over the intellectual and industrial property rights of corporate elements.

In order to preserve potential intellectual or industrial property rights, if any user or third party considers that their legitimate rights have been violated by the inclusion of certain content on the website, they must notify ServersGame at [email protected], indicating:

1. Personal data of the interested party who holds the allegedly infringed rights. If the claim is made by a third party other than the interested party, they must indicate the representation under which they act.
2. Identification of the contents protected by intellectual or industrial property rights and their location on the website.
3. Proof of the aforementioned intellectual or industrial property rights.
4. An express declaration by the interested party, assuming responsibility for the accuracy of the information provided in the notification.

The legitimacy of the intellectual or industrial property rights corresponding to the content provided by third parties is their sole responsibility.

Billing

1. Prepayment: For service availability, the client must prepay the corresponding price for the contracted service, in accordance with the rates published on the ServersGame website. Payment can be made using any of the payment methods offered by ServersGame.
2. Payment for Additional Resources and Services: Payment for additional resources, expansions, and other services contracted on ServersGame, whether at the time of first contracting or upon renewal, will also be made in advance. Available options include credit card, PayPal, or Bizum.
3. Payment Method Modification: At any time, the client can modify their payment method or associated data by submitting a request through their "Client Area."
4. Billing Contact: Clients can contact [email protected] to submit any proof of payment or resolve billing-related questions or incidents.
5. Right to Suspend Service: ServersGame reserves the right to temporarily suspend the provided service for any reason related to payment issues or lack of payment until such incidents are resolved. If the client does not make the payment after a prior notice of temporary suspension, the service will be permanently terminated.
6. Service Deletion: If payment is not made within 10 days after the due date, ServersGame reserves the right to delete the service. If the service is re-contracted, all relevant data must be re-entered.
7. Service Price Changes: If ServersGame makes any changes to service prices, clients will be notified by email of such modification before it affects the next issued invoice. This notification will be made at least 30 days before the new price takes effect. Clients who disagree with the change have the right to terminate the contract without incurring additional costs, as long as they maintain their paid fee. At the end of the prepaid period, if the client does not accept the new price, the contract will be terminated, and the service will be discontinued.

Payment Methods

• Credit Card (Suscription) – Automatic Renewal: Payment with traditional card using a subscription system. You can add or remove cards in the Payment Methods section.
• PayPal – Manual Renewal: This option allows you to make payments through PayPal. A 3% commission plus a fixed fee of €0.3 per transaction is incurred.
• Bizum – Manual Renewal: Available exclusively to clients in Spain, this option allows payments through your mobile phone. A 3% commission applies.
• Credit Card (Redsys) – Manual Renewal: card payment without saving data.

Service Cancellation

1. Proforma Invoice Generation: The proforma invoice is automatically generated 4 days before the service's expiration date.
2. Service Cancellation:

   To cancel a service, you must expressly do so from the client area. There are two cancellation options:

   • Immediate Cancellation: The product will be deleted within the next 24 hours.
   • Cancellation at the End of the Contract Period: The product will be deleted on the next expiration date.

   To request cancellation, follow these steps:

   • Access the active product in question.
   
   
   • In the left menu, select "Request cancellation".
   
   
   
   
3. Domains:

   If you do not want to renew a domain, you must deactivate the "Auto Renewal" option from your client area.

CONTRACT TERMINATION

The contract will end when, in addition to the legally established causes, any of the following occurs:

• Mutual agreement of the parties.
• End of the initial period or successive extensions.
• Termination due to non-compliance by one of the parties with the obligations derived from the contract.
• When any of the parties is in a situation of bankruptcy or payment suspension.

If the contract termination is due to the client's breach, ServersGame reserves the right to terminate the contract early and, therefore, to deprive the client of the contracted service without prior notice and without the client being entitled to compensation or any refund of amounts paid.

PERMITTED SERVICE USE AND PROHIBITIONS

Users of services provided by ServersGame (including VPN services, hosting, and any other service) agree not to use them to perform illegal activities, acts contrary to morality, public order, or that infringe third-party rights. This includes, among others:

• The distribution, transmission, or storage of any material that violates any applicable law or regulation, including intellectual property, data protection, and privacy rights.
• Using the service to commit fraud, impersonation, or any cybercriminal activity, such as hacking, phishing, malware distribution, or unauthorized attempts to access computer systems.
• Using the service to access, store, or distribute illegal content, such as child pornography, copyrighted materials without authorization, or content related to terrorist activities.
• Any use of the service that may compromise the integrity, security, or operation of the ServersGame network, including excessive use of resources that degrades the quality of service for other customers.

Right to Suspension or Termination

ServersGame reserves the right to temporarily or permanently suspend services contracted by any user who, in its judgment, is using the services in violation of these rules, without the right to a refund and without prior notice. This includes cooperation with authorities if illegal activities are detected through the use of the service.